Chapter 348 appealed to the court and applied to reject the first-instance judgment, as a "god of medicine", he should not be sentenced like this.

The search for evidence in Lin Yong's case is mainly to search, which is a defense basis that is favorable to Lin Yong.

For example, from the perspective of profit, to prove that daigou is not for profit.

The verdict of the first instance was overturned.

In this case, it is not only necessary to collect objective evidence of income and expenditure.

It also depends on the confessions of other patients.

These are all subject to interviews.

But....

According to Zhang Man, Lin Yong's reputation among patients is still very high.

It is not a hassle to find some relevant witnesses to appear in court.

This matter was handed over to Li Xuezhen to deal with.

And I also checked the specific content of the first trial on the Internet.

Because the influence of this case in the first instance was not small, it was held in public.

The main plaintiff in this case is the general regional distributor of genuine drugs in Western Province.

And it was supervised and handled by the procuratorate of Xishan City, the capital city of Western Province.

The case was also decided by the Xishan Intermediate People's Court in the first instance.

Overall, during the judgment process, Su Bai did not find any procedural irregularities or other circumstances.

After all, this case is a case of public concern, and it has a certain influence in the early stage of the trial.

Affirmation needs to be carried out in all respects in accordance with the relevant procedures.

Since there is no problem with the procedure, it is still necessary to rely on finding favorable evidence and favorable arguments to conduct the second-instance trial.

In the process of investigating the case and collecting favorable evidence, Su Bai and Li Xuezhen went to the detention center to visit Lin Yong.

How to say it....

Unlike other defendants and criminal suspects, Lin Yong's mental state in the detention center is not bad.

During Su Bai and Li Xuezhen's questioning, there were no complaints or other situations.

When Su Bai asked Lin Yong what he thought of his case, Lin Yong replied very calmly.

"I don't have any opinion on this case, I did sell substandard drugs in violation of state regulations."

"I know this, I did it wrong, and I also checked it when I was purchasing, and I really committed an illegal and criminal act."

"I should punish me, I don't have any opinion.... I have been mentally prepared for a long time, but my child is still young, and I still hope that the sentence can be lighter. ”

"And there's...."

"Those patients have no medicine, how to solve this follow-up is a problem I am very concerned about."

"May I ask Lawyer Su, how are those patients outside now?"

The speed of this case from filing to examination to prosecution is very fast.

The whole process took less than two months.

Regarding Lin Yong's question, according to the current situation of Li Xuezhen's visit, Su Bai answered truthfully:

"This.... According to what we have visited in the past few days, those patients outside are buying genuine medicines to take them. ”

Hearing this answer, Lin Yong had an indescribable emotion on his face.

There was silence for almost a minute.

muttered to himself: "Genuine medicine is too expensive.... What money can they have? ”

Seeing this, Su Bai didn't know what to say to comfort....

Indeed, judging by the visits.

Those patients don't have much money, and they use a bottle of treatment a month for several months.

The purpose is to delay it.

When she walked out of the detention center, Li Xuezhen whispered: "Lawyer Su...."

"This time the client...."

Li Xuezhen's little face was full of pity, and she stopped talking and didn't finish her words.

Su Bai knew what Li Xuezhen wanted to say.

Like Lin Yong, he doesn't aim for profit to help his patients.

When I encounter this situation, the first thing that comes to mind is my own patients.

is a good person and should not be sentenced.

For this situation, Su Bai didn't know how to answer Li Xuezhen.

Turning his head and speaking: "Hmm.... Therefore, as a lawyer's responsibility, I must do my best to be responsible for my client. ”

"I understand, Lawyer Su!"

Li Xuezhen nodded solemnly.

…

Regarding Lin Yong's second-instance case, Su Bai quickly sorted out new factual evidence and submitted it to the Provincial High Court.

Because Lin Yong's case has a certain influence in the local area.

And there are certain waves on the Internet.

After the Provincial High Court found that the new evidentiary facts were established, it took the initiative to ask Su Bai whether he needed to apply for a public trial.

For this situation, of course Su Bai agreed.

A public hearing, at least in the course of the case, will not be otherwise.

Judgments are made in accordance with factual evidence and objective conditions, as well as corresponding subjectivity.

Accept public scrutiny, how to judge and how to judge.

is a good thing, and there is no reason not to say yes.

After receiving Su Bai's reply, the Provincial High Court notified all parties of the specific trial date and required all parties to participate in the trial on time.

…

On the other side ....

After receiving the notice from the Provincial High Court that Lin Yong's second-instance case was opened, the distributor of the genuine pharmaceutical company called his legal lawyer.

Inside the office.

Cao Zhiwei, the regional general distributor of Western Province, sat on the sofa and asked in front of two legal lawyers:

"Lin Yong is suspected of purchasing counterfeit drugs from abroad and selling them in China, which has seriously affected the sale of our genuine drugs."

"Now the second trial is about to start, Lawyer Fang, Lawyer Zhang, do you two have any ideas?"

Opposite the sofa was the in-house counsel of the firm, and after hearing Cao Zhiwei's words, Mr. Lin said:

"Mr. Cao...."

"The facts of Lin Yong's crime are clear, and the court of first instance has already made a verdict."

"According to the above-mentioned principle of not increasing the sentence, there is a high probability that the original verdict will be upheld in the second instance."

"Hmm.... After all, if we don't crack down on counterfeit drugs from abroad and sell them in China, how can we sell our products? ”

"However, as far as I know, the lawyer entrusted by the other party for the trial this time is a well-known criminal lawyer in China."

"It's almost impossible to lose a case."

"On that note, I would like to ask if there will be anything else going on in this case?"

Lawyer Zhang smiled and promised to speak:

"At this point, Mr. Cao can rest assured that our law firm is specialized in fighting this kind of infringement and sales lawsuit, and there will be no other unexpected circumstances."

Hearing this, Cao Zhiwei nodded:

"Hmm!"

This case has attracted the attention of the head office, so he has to behave well.

This incident happened in his sales area, which affected the sales of the head office, and it must have been bad for his performance.

Maybe on the side of the general agent, the impression of him will also deteriorate.

And then there's .... The patent is about to expire, and when the time comes....

However, this matter is not within the scope of his consideration for the time being.

Cao Zhiwei shook his head and didn't continue to think about it.

…

On the day of the trial.

In front of the Provincial High Court of Western Province, the case was originally a case with a huge topic.

In addition, Su Bai represented the case.

So a group of journalists and media gathered in front of the High Court.

These media are not only from the western provinces, but also from all over the country.

One of them stood near the middle, with four clear words written on the microphone.

When Su Bai took Li Xuezhen into the court, many media gathered around and asked questions.

"Lawyer Su, what do you think of the outcome of the second instance of this case? Can you make a prediction? ”

"Lawyer Su, as the top criminal lawyer in the country, do you approve of the sale of counterfeit drugs?"

"Accepting the commission of a person who sells counterfeit drugs and defending him, does it break your previous persona as a lawyer who speaks for the bottom?"

Su Bai: ....

This question....

To be honest, the angle is very strange.

Nandu media also squeezed in at this time and put the microphone in front of Su Bai:

"May I ask Lawyer Su, for Lin Yong in this case, some people on the Internet said that Lin Yong did indeed do something illegal and criminal."

"Some people say that Lin Yong is for his patients, I would like to ask Lawyer Su, what do you think of this?"

For some of the previous responses, Su Bai did not answer.

Regarding this question from the media in Nandu, Su Bai thought about it a little and spoke:

"This trial is an open trial, and major media can pay attention to the public live broadcast."

Subsequently, he took Li Xuezhen into the trial room.

Let's be honest ....

Su Bai didn't expect that this second trial about Lin Yong would cause such a big heat.

But the more hot it gets.... Then the more attention is involved in this trial.

Perhaps, after noticing the heat of this trial, the relevant departments will pay attention to the situation of groups who cannot afford medicine.

However, Su Bai didn't think too much, and after waiting in the waiting room for nearly five minutes, the staff led him to the court trial.

With the presiding judge's entry into the courtroom, the trial was announced.

Bench on the judging table.

The trial was presided over by Duan Qingshui, vice president of the Western Provincial High Court.

About this case....

Duan Qingshui has an objective understanding of the relevant facts.

After a circle of courtroom, all parties have entered the courtroom.

Start reconciling your identity.

After verifying the identity information, he immediately dropped the magic hammer: "The current identity information has been verified." ”

"The appellant party is invited to begin stating the grounds for appeal and the application for appeal."

In this trial, the appellant referred to Su Bai's side.

Facing the presiding judge's opening, Su Bai nodded: "Okay, presiding judge." ”

"We applied to revoke the first-instance judgment and commute the sentence to our side."

"Here's why:"

"One: In the first trial, we were convicted of smuggling and selling counterfeit drugs."

"Among them, we believe that in the first instance, there were objections to some relevant judgments on the crime of selling counterfeit drugs."

"As follows:"

"According to the definition of the crime of selling counterfeit drugs—"

"Counterfeit drugs are infringing on complex objects, and the objects here refer to—

It violates the state's management system for drugs, and violates the health and safety of an unspecified number of people. ”

"On the objective side, the producers and sellers violated the relevant regulations of the state in the production and sale of "counterfeit drugs". ”

The subjective aspect is deliberately to sell "counterfeit medicines" for the purpose of making profits. ”

"In the judgment of the first instance, it was held that Lin Yong was selling counterfeit drugs for the purpose of making profits."

"We don't agree with that."

In addition, it was also determined that the "fake drugs" sold by Lin Yong violated the health of an unspecified number of people. ”

"We still don't agree with that."

"The reason for disagreement is that we do not sell counterfeit drugs for profit, and in addition, we do not infringe on the health of an unspecified number of people."

"Therefore, it is hereby proposed to reject the judgment on these two points in the first instance."

"2: We believe that the first-instance judgment is too heavy for our sentence, especially in the determination of the sentence."

"According to relevant laws and regulations, the production and sale of counterfeit drugs shall be punishable by fixed-term imprisonment of not more than three years or criminal detention and a fine."

"If it causes serious harm to physical health, or if there are other serious circumstances, the sentence is to be between three and ten years imprisonment."

"Whoever causes death or other especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated property."

"The verdict is based on the above legal provisions."

"The drugs purchased by Lin Yong did not cause serious harm to the body of the person being purchased, or there were any other serious circumstances."

"From another point of view, it even helped the purchaser to alleviate his own condition."

"So I believe that in this respect, the sentence should be lenient."

"At least three years in prison."

"The first-instance verdict of four years in prison has exceeded the sentence that should have been given, and we believe that it is unreasonable in this regard."

"Based on the above, we believe that the first-instance judgment should be rejected and a lenient judgment should be imposed on our party."

In this case, Su Bai made a commutation sentence.

Why do this instead of acquittals?

Because the crime of smuggling is a condition for the determination of facts, there is no room for rejection.

In addition, without the permission of the state, approved by the state or not in accordance with the provisions of the Drug Administration Law, they are all counterfeit drugs and drugs treated as counterfeit drugs.

According to the law, is Lin Yong selling counterfeit drugs?

At last!

Therefore, these two charges have objective facts and objective basis.

The evidence is clearly in front of us, and this point must not be refuted.

Therefore, it cannot be refuted in the determination of the crime, but can only be refuted from the aspect of the crime.

In terms of sentence, is four years in prison too much for Lin Yong?

Definitely more!

Let's not talk about anything else, according to the evidence of Su Bai's visit and investigation.

Lin Yong did not make a penny in the purchasing agent.

You must know that the general foreign purchasing agent earns a lot of money.

However, Lin Yong purchased it for two years, and it was a necessary medicine for purchasing.

didn't earn a penny, and even had subsidies, from this aspect, Lin Yong can be called a real good deed, a real "god of medicine".

For such acts, the sentence is four years' imprisonment.

Logically speaking, it doesn't make sense.

In Su Bai's opinion, although it is said that Lin Yong's crime is established.

But according to his approach and subjective purpose, at most a suspended sentence!

The actual sentence is considered a heavy sentence!

After Su Bai finished speaking, he looked up at Duan Qingshui on the judgment table.

Waiting for the presiding judge to make the next step in the trial arrangement.

…

PS: Please ask for a monthly pass~ There will be a famous scene in this case~

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